Agmt 2014 San Leandro Unified School District SLUSD (2)

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defaulting party or the party not prevailing in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder (whether or not such action is prosecuted to judgment), including, without limitation, court costs and reasonable attorneys' fees. For purposes of this Lease, reasonable fees of attorneys of Landlord shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the subject matter area of the law for which Landlord's attorney's services were rendered who practice in the County of Alameda. 31. SECTION HEADINGS: The Section headings contained herein are for convenience in reference and are not intended to define the scope of any provision of this Agreement. 32. ENTIRE AGREEMENT: AUTHORITY: This agreement represents the entire agreement between the parties, particularly as to Sections 1, 2, 3, 4 and 5, inclusive. All approvals, consents or other determinations permitted or required by Landlord hereunder shall be made by or through Landlord's Director of Engineering and Transportation unless otherwise provided in this Lease, subject to applicable law. 33. TIME IS OF THE ESSENCE CLAUSE: Time is of the essence with respect to all provisions of this Lease in which a definite time for performance is specified. 34. SURVIVAL OF INDEMNITIES: Termination of this Lease shall not affect the right of either party to enforce any and all indemnities and representations and warranties given or made to the other party under this Lease, nor shall it affect any provision of this Lease that expressly states it shall survive termination hereof. 35. HAZARDOUS MATERIALS: A. Definitions: As used herein, the following terms shall have the meanings set forth below: (i) Environmental Laws shall mean any present or future federal, state, local or administrative law, rule, regulation, order or requirement relating to Hazardous Material (including, without limitation, its use, handling, transportation, production, disposal, discharge or storage), or to health and safety, industrial hygiene or the environment, including, without limitation, soil, air and groundwater conditions. (ii) "Hazardous Material" shall mean any material that, because of its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard to human health, welfare or safety or to the environment. Hazardous Material includes, without limitation, any material or 19